6 total
Class action certified against Monsanto for negligence and failure to warn regarding Roundup and non-Hodgkin's lymphoma.
The plaintiff brought a motion to certify a class action against the defendants, alleging that their glyphosate-based herbicide, Roundup, causes non-Hodgkin's lymphoma.
The court analyzed the five certification criteria under the Class Proceedings Act, 1992.
While the court struck the proposed causes of action for battery and unjust enrichment, it found that the pleadings disclosed a valid cause of action in negligence and failure to warn.
The court approved the proposed class definition, certified several common issues including general causation and punitive damages, and concluded that a class proceeding was the preferable procedure.
The action was certified as a class proceeding.
The court appointed a bilingual arbitrator to adjudicate class member appeals during the settlement administration phase.
This class action is in the settlement administration phase.
Class Counsel sought an order appointing Doug Mitchell as a bilingual arbitrator to assess appeals filed by class members regarding claims administrator decisions, as contemplated by the court-approved Administration Protocol.
The court granted the motion, finding Mr. Mitchell qualified and his appointment consistent with the fair and expeditious determination of class member appeals under section 12 of the Class Proceedings Act, 1992.
Class action settlement regarding COVID-19 ticket refunds approved, along with counsel fees and plaintiff honorarium.
The plaintiff moved for approval of a class action settlement, class counsel fees, and a representative plaintiff honorarium.
The action alleged the defendants failed to provide timely refunds for tickets to events cancelled or postponed due to the COVID-19 pandemic.
The settlement provided $5 credits per ticket and a cy-près distribution to a music education charity.
The court found the settlement fair and reasonable, approved class counsel fees of $30,000 plus disbursements and HST, and granted a $500 honorarium to the representative plaintiff.
Class action against Ticketmaster regarding COVID-19 event cancellations certified on consent for settlement purposes.
The plaintiff brought a motion on consent to certify a class action against Ticketmaster and Live Nation for settlement purposes.
The claim alleged breach of contract, negligence, and statutory breaches arising from the defendants' failure to provide timely refunds for events postponed or cancelled due to the COVID-19 pandemic.
The court found that the requirements of section 5(1) of the Class Proceedings Act, 1992 were met and certified the action, approving the proposed notices of settlement approval.
The court declined to make an advance ruling on the admissibility of evidence for a certification motion.
The plaintiffs, in a class action against various hockey leagues and teams, brought a motion seeking an advance ruling on the admissibility of an Independent Review Panel (IRP) Report for their certification motion.
They also requested directions for cross-examinations of the IRP members, including the issuance of interprovincial summonses.
The court dismissed the requests for advance rulings on the admissibility of evidence and the conduct of cross-examinations, finding no precedent or jurisdiction for such preliminary determinations in civil proceedings.
However, the court granted the request for an interprovincial summons certificate, which the defendants did not oppose, allowing the IRP members to be cross-examined under normal rules of procedure.
Case management directions issued for potential urgent stay motion regarding Sauble Beach works permit.
The potential applicants intend to seek judicial review of any permit issued by the Minister of the Environment allowing the Town of Sauble Beach to carry out works that could destroy sensitive plover habitat.
During a case management teleconference, the court directed the parties to behave reasonably and attempt to agree on terms for a potential stay and an expedited application process.
The court established that it would expedite any necessary stay motion and provided instructions for arranging an emergency case management conference if interim terms could not be agreed upon.